Relocating for a new partner
28
July 2015
A parent wanting to move to be with a new partner, can pose real challenges. Here’s a case that the court recently considered.
Facts:
- The parties had 3 children, 5 year old twin girls and a 3 year old son. The parents lived in the Bendigo region where they had lived all their lives. Both of their extended families also lived in the Bendigo region.
- Both parents had repartnered following separation. The mother’s partner lived in regional NSW and worked in his family’s business. The mother’s partner would be taking over the family business with his brother in the next five years, therefore it was not possible for him to move to Bendigo to live with the mother. The mother sought orders to be able to relocate the children. She offered to meet all travel costs. The cost of that travel being between $10-15,000 per year.
- The father sought orders for the mother to remain in Bendigo and for the children to live in an equal time arrangement.
Court Found:
- The mother and her partner had the capacity to meet the 12 flights per year.
- The court found it would be in the children’s ‘best interest’ that the mother be permitted to move on with her life and pursue a relationship with her new partner, like the father
Court Held:
- The mother was able to relocate, however the relocation was postponed for a period of 12 months to enable the children to further strengthen their relationship with the father.
